RESOLUTION NO. 2024-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO FILE
NORTH COUNTY TRANSIT DISTRICT PERMIT APPLICATIONS AND EXECUTE
LICENSE AGREEMENTS FOR CITY CAPITAL IMPROVEMENT PROGRAM
PROJECTS
WHEREAS, the North County Transit District, or NCTD, has policies regulating and governing the use of its property and right-of-way; and
WHEREAS, the NCTD requires the issuance of permits and, through its Board Policy 11, amended Oct. 21, 2021, and Administrative Policy and Procedure DSD-D4000, requires license agreements for any public agency requesting incidental use of real property; and WHEREAS, the NCTD considers incidental use of real property to include utility infrastructure such as sewer and drainage facilities or street improvements; and WHEREAS, staff find it necessary to file permit applications and execute NCTD license agreements for such activities in connection with Capital Improvement Program, or CIP, projects and such permit applications and agreements contain indemnities through standard clauses on the application forms or agreements; and
WHEREAS, the city's indemnification is a condition precedent to the issuance of permits and execution of agreements by NCTD; and
WHEREAS, the City Council has determined that it is in the public interest to delegate certain powers to the City Manager in accordance with CMC Section 2.12.035{L).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager is hereby authorized to file permit applications and execute NCTD lice nse agreements with indemnities limited to city CIP projects, when recommended by the City Engineer or the Deputy City Engineer, Utilities Department, and when approved as to form by the City Attorney or designee.
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council and the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 14th day of May, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN :
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)